No Comment — January 19, 2010, 3:14 pm

The Official Response Begins

When a cover-up is exposed, nothing is more telling than the first reactions from those who are involved. Do they maintain their stories and face potentially aggravated consequences? Or do they simply remain silent? In making this choice, they often telegraph the depth of their anxiety and concern.

Last night on MSNBC’s Countdown with Keith Olbermann, I focused on the first responses to “The Guantánamo ‘Suicides.’” Colonel Michael Bumgarner, the former commander at Camp America, had sent an email to the Associated Press, the text of which AP confirmed to me, in which he said he would have to get clearance from the Defense Department to speak, but then stated:

This blatant misrepresentation of the truth infuriates me. I don’t know who Sgt. Hickman is, but he is only trying to be a spotlight ranger. He knows nothing about what transpired in Camp 1, or our medical facility. I do, I was there.

This statement merits closer inspection. The first sentence is a classic nondenial denial. It appears on the surface to deny part of the account, but in fact denies nothing. Bumgarner needs to state specifically what allegations he considers inaccurate. His failure to do so is telling.

The second statement is an attempt to frame the conflict in terms of a controversy between Sergeant Hickman and himself, which he leads into by saying he doesn’t even know who Hickman is. That statement is demonstrably false. As we confirmed with Defense Department records, Bumgarner recommended Hickman for a medal (shown below) based on his cool-headed approach to defusing a prison riot on May 18, 2006. Moreover, Hickman was selected as NCO of the Quarter at Guantánamo, a fact the camp commander would certainly have known at the time. In any case, the key points in which Bumgarner figures do not rest on Hickman’s accounts alone—they are corroborated by a series of additional witnesses, as well as by published accounts in which Bumgarner himself is extensively quoted.

arcom_hickman_600

The third statement presents Bumgarner with even more serious problems. He denies that Hickman was present or has knowledge of what transpired at Camp 1 and the detainee clinic on the night of June 9. “I was there,” he says. Let’s be very clear about this: Either Bumgarner lied in a formal statement to NCIS, or he lied to AP. In his formal account, Bumgarner addressed this point directly. “On the night of 09JUN06, I was not in the camp,” he writes, “I had spent the evening at Admiral Harris’s house.” (This can be found on pp. 1059-60 of the NCIS evidence file, and can be examined here [PDF, 1.1M] on page 6 of the original document.) This account matches the recollection of other witnesses cited in Admiral Harris’s AR 15-6 statement, especially the statements beginning at p. 118. In all these accounts, Colonel Bumgarner does not arrive at the camp until 12:48 a.m. on the morning of June 10. The operative events of the narrative furnished by the guards occurred between 7:00 p.m. and midnight—long before Bumgarner’s arrival on the scene.

The Justice Department response is also informative. It was confronted with several allegations: that the FBI had been involved in a cover-up from the first days after the deaths, launching a raid designed to intimidate witnesses from speaking openly; that the Justice Department may have made repeated misleading statements to federal judge James Robertson in furtherance of the cover-up; and that the Department claimed to have concluded its investigation into Hickman’s story before contacting witnesses who would have, and did, corroborate it.

The Justice Department had no response to any of these serious allegations. Instead, in a January 18 e-mail, department spokesman Laura Sweeny claimed that two of the witnesses interviewed by the department had misremembered the names of the lawyers present at those meetings. She refused to address any of the other allegations in the article. Instead, she insisted that I note that Justice had “conducted a thorough inquiry into this matter, carefully examined the allegations, found no evidence of wrongdoing and subsequently closed the matter.” And then she said, as she had when I contacted her in reporting the story, that she would not arrange an interview with any of the officials involved in the matter.

This is all classic misdirection, an attempt to make the story not about the crimes at Guantánamo but the minutes of meetings in Baltimore and Columbia. Still, the fact that the Justice Department is unwilling to say who was at these brief interviews speaks volumes. It does not deny that the interviews occurred, nor that the descriptions of the meetings are otherwise accurate, nor even that the lawyers identified were in fact involved in the investigation. It simply insists that the team conducting these interviews not be identified.

Of course, this adamant insistence on official anonymity does nothing to dispel the accusation of cover-up. Just the opposite: it suggests that the lawyers and FBI agents involved quite urgently wish not to have their names associated with it. And who could blame them?

I discuss these matters with Keith Olbermann below:

Visit msnbc.com for breaking news, world news, and news about the economy

Share
Single Page

More from Scott Horton:

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

March 2015

A Sage in Harlem

= Subscribers only.
Sign in here.
Subscribe here.

The Man Stopped

= Subscribers only.
Sign in here.
Subscribe here.

The Spy Who Fired Me

= Subscribers only.
Sign in here.
Subscribe here.

Giving Up the Ghost

= Subscribers only.
Sign in here.
Subscribe here.

Invisible and Insidious

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
No Slant to the Sun·

= Subscribers only.
Sign in here.
Subscribe here.

“She didn’t speak the language, beyond “¿cuánto?” and “demasiado,” but that didn’t stop her. She wanted things. She wanted life, new experiences, a change in the routine.”
Photograph © Stuart Franklin/Magnum Photos
[Browsings]
Burn After Reading·

= Subscribers only.
Sign in here.
Subscribe here.

William Powell published The Anarchist Cookbook in 1971. He spent the next four decades fighting to take it out of print.
“The book has hovered like an awkward question on the rim of my consciousness for years.”
© JP Laffont/Sygma/Corbis
Article
The Fourth Branch·

= Subscribers only.
Sign in here.
Subscribe here.

“Both the United States and the Soviet Union saw student politics as a proxy battleground for their rivalry.”
Photograph © Gerald R. Brimacombe/The LIFE Images Collection/Getty Images
Article
The Spy Who Fired Me·

= Subscribers only.
Sign in here.
Subscribe here.

“In industry after industry, this data collection is part of an expensive, high-tech effort to squeeze every last drop of productivity from corporate workforces.”
Illustration by John Ritter
Article
Invisible and Insidious·

= Subscribers only.
Sign in here.
Subscribe here.

“Wherever we are, radiation finds and damages us, at best imperceptibly.”
Photograph © 2011 Massimo Mastrorillo and Donald Weber/VII

Hours per day that a death-row inmate in China wears hand and ankle restraints:

24

A multidisciplinary team detected cardiac arrhythmia in the works of Beethoven.

There was a run on cases of 5.56mm M855 green-tip rifle bullets, after the White House moved to ban their manufacture and sale because they can pierce police armor.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Driving Mr. Albert

By

He could be one of a million beach-bound, black-socked Florida retirees, not the man who, by some odd happenstance of life, possesses the brain of Albert Einstein — literally cut it out of the dead scientist's head.

Subscribe Today